WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 466
Compliance notice
WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SECT 466
Compliance notice
466 Compliance notice
(1) A compliance notice must state the following—
(a) that the chief
executive, regulator or authorised officer reasonably believes the person to
whom the notice is to be given—
(i) is contravening a provision of this Act;
or
(ii) has contravened a provision of this Act in circumstances that make it
likely that the contravention will continue or be repeated;
(b) the provision
the chief executive, regulator or authorised officer believes is being, or has
been, contravened;
(c) briefly, how it is believed the provision is being, or
has been contravened;
(d) that the person must remedy the contravention
within a stated reasonable period;
(e) that it is an offence to fail to
comply with the compliance notice unless the person has a reasonable excuse;
(f) that, within 30 business days after the notice is given, the person may
apply for an internal review of the decision to give the notice;
(g) how the
person may apply for the review.
(2) The compliance notice may also state the
reasonable steps that the chief executive, regulator or authorised officer is
satisfied are necessary to remedy the contravention, or avoid further
contravention, of the provision.
(3) If a compliance notice requires the
person to do an act involving the carrying out of work, it also must give
details of the work involved.
(4) If a compliance notice requires the person
to refrain from doing an act, it also must state—
(a) a period for which the
requirement applies; or
(b) that the requirement applies until further
notice.
(5) A person to whom a compliance notice is given must comply with
the compliance notice unless the person has a reasonable excuse.
Penalty—
Maximum penalty—
(a) if the compliance notice relates to an
offence—the number of penalty units that applies for the offence; or
(b)
otherwise—100 penalty units.
(6) If it is an offence to contravene a
provision and a compliance notice is given, the person can not be prosecuted
for that offence unless the person contravenes subsection (4) in relation to
the compliance notice.
